IGA among Maricopa County and cities

INTERGOVERNMENTAL AGREEMENT AMONG MARICOPA COUNTY  
AND THE CITIES OF EL MIRAGE, PEORIA, AND GLENDALE FOR THE 
REIMBURSEMENT FOR THE CONSTRUCTION OF BUTLER DRIVE AND 129TH AVENUE 
(TT0498) 
(C-64-25-______-X-00) 
This Intergovernmental Agreement (Agreement) is among the County of Maricopa, a political 
subdivision of the State of Arizona (County), the City of El Mirage (El Mirage), a municipal 
corporation, the City of Peoria (Peoria), a municipal corporation and the City of Glendale 
(Glendale), a municipal corporation. The County, El Mirage, Peoria, and Glendale are collectively 
referred to as the Parties or individually as a Party. 
STATUTORY AUTHORIZATION 
1.
A.R.S. Section 11-251 and Sections 28-6701 et. seq. authorizes the County to lay out,
maintain, control, and manage public roads within the County.
2.
A.R.S. Section 11-951 et. seq. authorizes public agencies to enter into Intergovernmental
Agreements for the provision of services or joint or cooperative action.
3.
A.R.S. Section 9-240 and Sections 9-276 et. seq. authorizes the Cities to lay out and
establish, regulate, and improve streets within their respective jurisdictions and to enter
into this Agreement.
RECITALS 
4.
On December 26, 2008, the Maricopa County Board of Supervisors approved an
Intergovernmental Agreement (IGA) (C-91-09-081-M-00) (2008 IGA) between Maricopa
County and the Cities of El Mirage, Glendale, and Peoria for improvements to Northern
Parkway from State Route 303 (Bob Stump Memorial Parkway) to U.S. 60 (Grand
Avenue). The 2008 IGA identified and defined responsibilities for cost sharing, design,
construction, construction management, right-of-way acquisition, utility relocation, and
maintenance of the full length of the Northern Parkway Program (NPP).
5.
Dermody Properties (Developer) is developing a project called LogistiCenter at
Copperwing. The proposed development is in El Mirage, Arizona on the northeast corner
of Dysart Road and Northern Parkway Westbound (WB) Frontage Road.
6.
As part of the improvements to the NPP, the Parties constructed the Butler Drive extension
and 129th Avenue (Project Roadways) within the Developer’s project area, as depicted
in Exhibit A attached hereto and incorporated herein by reference.
7.
The Developer requested a change in land use and site access and has also requested
the abandonment and removal of the Project Roadways that were previously constructed
by the Parties, as shown in Exhibit A (Road File No. A669-R).
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8.
The County, is the lead agency for the Program and acts on behalf of the Parties, to
administer the federal aid reimbursement process under Section 134 of Title 23 of the
U.S.C. and Section 5303 of Title 49 of the U.S.C.
9.
The Parties have determined that the Project Roadways are no longer necessary for public
use as roadways.
10.
The NPP is included in the Maricopa Association of Governments (MAG) Regional
Transportation Plan (RTP) and Arterial Life Cycle Program (ALCP).
11.
Federal-Aid Highway Funds have been apportioned to the Arizona Department of
Transportation (ADOT) for reimbursement of the Sub-Recipient’s activities.
12.
The Parties have been in communication with the Federal Highway Administration
(FHWA), ADOT, and MAG and have been directed that, following abandonment, all
federal expenditures and local matching funds must be reimbursed in full.
13.
In exchange for the County’s May 22, 2024, rescindment (C-64-20-123-M-01)
(Rescindment) of the County’s roadway declaration for the Project Roadways, the
Developer deposited into escrow the sum of eight million dollars ($8,000,000.00) to be
used by the County only to reimburse all federal and local matching funds associated with
the Project Roadways (Reimbursement). Any excess funds provided by the Developer
that are not expended by the Project will be returned to the Developer.
14.
It is anticipated the federal funds repaid to the FHWA will be reallocated by MAG to the
NPP in accordance with the ALCP.
15.
Upon County Rescindment, the Project Roadways passed to the exclusive ownership,
possession, and control of El Mirage, and El Mirage became solely responsible for (i) the
operation and maintenance of the Project Roadways, and (ii) any further dispositions or
abandonment of the Project Roadways under terms and conditions as fixed by El Mirage
in its sole discretion.
PURPOSE OF THE AGREEMENT 
16.
The purpose of this Agreement is confirm the Parties consent to the Rescindment and
the Reimbursement and to identify and define the responsibilities of the Parties related
to the Rescindment (C-64-20-123-M-01) and Reimbursement for the improvements
associated with the previous construction of the Project Roadways.
TERMS OF THE AGREEMENT 
17.
The Recitals and Purpose of the Agreement that are set forth above, and Exhibit A are
hereby incorporated herein by reference as if set forth in full in the body of this Agreement.
On behalf of the NPP, the County shall accept the Reimbursement from the
Developer,through a separate Reimbursement Agreement with the Developer. The
County shall use the Reimbursement only to pay in full all the Federal Highway
Administration and Local Match funds associated with the Project Roadways. If any
amount of the $8,000,000.00 remains after the Reimbursement, not later than December
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31, 2024, the County shall return to the Developer any amount remaining with the County 
after all funds have been reimbursed to FHWA and NPP. 
18.
The County shall retain the Local Match funds for use on the future NPP projects
identified in the ALCP.
19.
The Parties shall execute all documents and preform any and all tasks necessary to
ensure that the Reimbursement is use as provided for in this Agreement and any balance
is returned to the Developer.
20.
In the event any Party notifies any other Party that some action or documentation is
necessary to effectuate this IGA, each Party shall perform the required action and/or
execute the necessary documents in a reasonable time.
GENERAL TERMS AND CONDITIONS 
21.
To the extent permitted by law, each Party will indemnify, defend, and save the other
Parties or any other Party harmless, including any of each Parties' departments, agencies,
officers, employees, elected officials, or agents, from and against all liability, loss,
expense, damage or claim of any nature whatsoever which is caused by any activity,
condition or event arising out of the performance or nonperformance by the indemnifying
Party of any of the provisions of this Agreement, including but not limited to injuries or
death of persons or damages to or destruction of property. In the event of an action, the
damages that are the subject of this indemnity shall include costs, expenses of litigation,
and reasonable attorney’s fees.
22.
This Agreement shall become effective as of the date it is executed through appropriate
action by all the governing bodies of the Parties and shall remain in full force and effect
until all stipulations previously indicated have been satisfied.
23.
This Agreement may be amended or terminated prior to expiration only upon written
Agreement by all Parties.
24.
This Agreement is subject to the provisions of A.R.S. § 38-511.
25.
The Parties warrant that they are following A.R.S. § 41-4401 and further acknowledge
that:
25.1 
Any contractor or subcontractor who is contracted by a Party to perform work on
the Project shall warrant their compliance with all federal immigration laws and
regulations that relate to their employees and their compliance with A.R.S. § 23-
214(A) and shall keep a record of the verification for the duration of the employee’s
employment or at least three (3) years, whichever is longer.
25.2 
Any breach of the warranty shall be deemed a material breach of this agreement 
of which the breaching party may be liable for penalties including termination of 
this Agreement. 
25.3 
The Parties retain the legal right to inspect the papers of any contractor or 
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subcontractor employee who works on the Project to ensure that the contractor or 
subcontractor is complying with the warranty above and that the contractor agrees 
to make all papers and employment records of said employee available during 
normal working hours to facilitate such an inspection. 
25.4 
Nothing in this Agreement shall make any contractor or subcontractor an agent or 
employee of the Parties to this Agreement. 
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26. 
Any contractor or subcontractor who engages in for-profit activity and has 10 or more 
employees, if the value of the contract is a minimum of $1,000,000, certify it is not currently 
engaged in and agrees for the duration of this Agreement to not engage in, a boycott of 
goods or services from Israel. This certification does not apply to a boycott prohibited by 
50 U.S.C. § 4842 or a regulation issued according to 50 U.S.C. § 4842. 
 
27. 
Each Party warrants and certifies that no contractor or vendor under contract with the 
Party to provide goods or services toward the accomplishment of the objectives of this 
Agreement currently has, and for the duration of the contract will not, use: 
 
27.1 
The forced labor of ethnic Uyghurs in the People's Republic of China. 
27.2 
Any goods or services produced by the forced labor of ethnic Uyghurs in 
the People's Republic of China. 
27.3 
Any contractors, subcontractors, or suppliers that use the forced labor or 
any goods or services produced by the forced labor of ethnic Uyghurs in 
the People's Republic of China. 
27.4 
 If any Party becomes aware during the term of the Agreement that any 
contractor or vendor is not in compliance with this paragraph, the Party 
shall notify the other Party within five business days after becoming aware 
of the noncompliance. Failure of the Party to provide a written certification 
that the contractor or vendor has remedied the noncompliance within one 
hundred eighty (180) days after notifying the public entity of its 
noncompliance, this Agreement shall terminate unless the Term of this 
Agreement shall end before said one hundred eighty (180) day period. 
 
28. 
It shall be a material breach of this Agreement for a Party to fail to observe or perform any 
of the material covenants, conditions or provisions of this Agreement, where such failure 
shall continue for a period of thirty (30) days after the non-defaulting Party provides the 
defaulting Party with written notice of such failure; provided, however, that such failure 
shall not be a Default if the defaulting Party has commenced to cure the Default within 
such thirty (30) day period and thereafter is diligently pursuing such cure to completion. 
The total aggregate cure period shall not exceed ninety (90) days unless the Parties 
otherwise agree in writing. In the event of Default, the non-defaulting Party, at its option, 
may terminate this Agreement without waiving any available remedies at law or in equity. 
 
29. 
All notices required under this agreement to be given in writing shall be sent to: 
 
Maricopa County Department of Transportation 
Attn: Intergovernmental Relations Branch 
2901 W. Durango Street 
Phoenix, Arizona 85009 
 
City of El Mirage 
Attn: City Manager 
10000 North El Mirage Road 
El Mirage, Arizona 85335 
 
City of Glendale 
Attn: City Manager 
5850 West Glendale Avenue 
Glendale, Arizona 85301 
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City of Peoria 
City Manager’s Office 
8401 W. Monroe Street 
Peoria, Arizona 85345 
 
City of Peoria 
Director of Development and Engineering 
9875 N. 85th Avenue 
Peoria, Arizona 85345 
 
City of Peoria 
City Attorney’s Office 
8401 W. Monroe Street 
Peoria, Arizona 85345 
 
All notices required or permitted by this Agreement or applicable law shall be in writing 
and may be delivered in person (by hand or courier) or may be sent by regular or certified 
mail or U.S. Postal Service Express Mail, with postage prepaid, or by commercial delivery 
service performed with receipt. Any notice sent by certified mail, return receipt requested, 
shall be deemed given on the date of delivery shown on the receipt card, or if no delivery 
date is shown, the postmark thereon. If sent by regular mail, the notice shall be deemed 
given 72 hours after the notice is addressed as required in this paragraph and mailed with 
postage prepaid. Notices delivered by the United States Express Mail or overnight delivery 
service that guarantees next-day delivery shall be deemed given 24 hours after delivery 
of the notice to the Postal Service or courier for delivery. 
 
30. 
Any funding provided for in this Agreement, other than in the current fiscal year, is 
contingent upon being budgeted and appropriated by the governing bodies of the Parties 
in such fiscal year.  
 
31. 
This Agreement shall be construed as a whole and under its fair meaning and without 
regard to any presumption or other rule requiring construction against the party drafting 
this Agreement.  
 
32. 
The waiver by any Party of any right granted to it under this Agreement is not a waiver of 
any other right granted under this Agreement, nor may any waiver be deemed to be a 
waiver of a subsequent right obtained because of the continuation of any matter previously 
waived. 
 
33. 
Except as otherwise provided in this Agreement, all covenants, agreements, 
representations, and warranties outlined in this Agreement, or any certificate or instrument 
executed or delivered according to this Agreement shall survive the expiration or earlier 
termination of this Agreement for a period of one (1) year. 
 
34. 
This Agreement may be executed in two or more counterparts, each of which shall be 
deemed an original but all of which together shall constitute the same instrument. Electric 
signatures are acceptable as original signatures. 
 
35. 
The Parties will execute and/or deliver to each other such other instruments and 
documents as may be reasonably necessary to fulfill the covenants and obligations to be 
performed by such Party according to this Agreement. 
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36. 
The venue for any claim arising out of or in any way related to this Agreement shall be 
Maricopa County, Arizona. 
 
37. 
This Agreement shall be governed by the laws of the State of Arizona. 
 
End of Agreement - Signature Pages Follow 
 
 
 
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IN WITNESS WHEREOF, the Parties have executed this Agreement. 
CITY OF EL MIRAGE 
Recommended by: 
_______________________________ 
J. Crystal Dyches
City Manager
 Date 
Approved and Accepted by: 
_______________________________ 
Alexis Hermosillo 
Mayor  
 
 
       Date 
Attest by: 
_______________________________ 
Sharon Antes 
City Clerk 
 
 
       Date 
APPROVAL OF CITY ATTORNEY 
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the 
Agreement to be in proper form and within the powers and authority granted to the El Mirage City 
Council under the laws of the State of Arizona. 
_________________________________ 
City Attorney  
 
 
Date 
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IN WITNESS WHEREOF, the Parties have executed this Agreement. 
CITY OF GLENDALE 
Recommended by: 
Kevin R. Phelps, City Manager 
Date 
Approved and Accepted by: 
Jerry P. Weiers, Mayor 
Date 
Attest by: 
Julie K. Bower, City Clerk 
Date 
APPROVAL OF CITY ATTORNEY 
The foregoing Agreement has been reviewed according to A.R.S. § 11-952, as amended, by the 
undersigned Counsel, who has determined that it is in proper form and within the powers and 
authority granted to the City under the laws of the State of Arizona. 
Michael D. Bailey, City Attorney 
 Date 
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IN WITNESS WHEREOF, the Parties have executed this Agreement. 
CITY OF PEORIA 
Recommended by: 
Henry Darwin, City Manager 
Date 
Approved and Accepted by: 
Jason Beck, Mayor 
Date 
Attest by: 
Agnes Goodwine, City Clerk 
Date 
APPROVAL OF CITY ATTORNEY 
I hereby state that I have reviewed the proposed Intergovernmental Agreement on behalf of the 
City of Peoria, Arizona, and declare the Agreement to be in proper form and within the powers 
and authority granted to the Parties by their respective governing bodies under the laws of the 
State of Arizona. 
Emily Jurmu, City Attorney 
Date 
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IN WITNESS WHEREOF, the Parties have executed this Agreement. 
MARICOPA COUNTY 
Recommended by: 
Jesse Gutierrez, P.E. 
Date 
Transportation Director 
Approved and Accepted by: 
Chairman 
Date 
Board of Supervisors 
Attest by: 
Clerk of the Board 
Date 
APPROVAL OF DEPUTY COUNTY ATTORNEY 
I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the 
Agreement to be in proper form and within the powers and authority granted to the Parties by their 
respective governing bodies under the laws of the State of Arizona. 
Deputy County Attorney 
Date 
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8/5/2024

EXHIBIT “A” 
 
 
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